State of North Carolina
Tyrrell County
Book 4, Page 214
Dated 16 May 1907
I F. D. Snell of the aforesaid county and State, being of sound mind, but considering the uncertainty of my earthly existence do make and declare this my Last Will and Testament;
First, My Executor hereinafter named shall give my body a decent burial suitable to the wishes of my friends and relatives, and pay all my burial expenses, together with all of my just debts, out of the first moneys which may come into his hands belonging to my estate:
Second, I give and devise to my beloved wife Ellen Snell, the tract of land on which I now live, containing one hundred and seventy five acres, ore or less, for her natural life, or during her widowhood in satisfaction of her dower and thirds of all my lands.
Third, I give and devise to my youngest son, Henry C. Snell, fifty eight & 1/3 acres, the same to include all the buildings now standing on said tract of land.
Fourth, I give and devise t my two sons, Augustus M. Snell and Benjaman H. Snell, one hundred and sixteen & 2/3 acres of said tract of land, to be eaqually divided between them. The said tract of land being all the lands that I now own. The said lands all of which, to be subject to the life estate, or the provisions made in article one of the foregoing, of my said wife Ellen.
Fifth, Should either of my above named sons die, leaving no heir at law, then in such case, I give and devise to the sons who remain living, the one third interest in all my lands, given to the son which may be deceased, to be equally divided between the two living sons, share and share alik.
Sixth, I further desire that, at my death my three sons, Augustus M. Benjamin H. & Henry C. Snell shall pay to my four daughters Mary Basnight, Sadie E. Roughton, Eudora Harrell and Emma Snell, twenty dollars giving each of the daughters five dollars, and to give my youngest daughter, Emma Snell a home with them so long as she may remain unmarried.
Seventh, I hereby constitute, and appoint my trusty friend, and brother in the flesh, Warren Snell, my lawful Executor to all intents and purposes, to execute this my Last Will and Testament according to the true intent and meaning of the same, and every part and clause thereof hereby revoking and declaring utterly void all other Wills and Testaments by me heretofore made. In witness whereof, I the said F. D. Snell do hereunto set my hand and seal, This 16th day of May 1907.
F. D. Snell (seal)
Signed, Sealed, Published and declared by the said F. D. Snell, to be his last Will and Testament in the presence of us, who at his request and in his presence, do subscribe our names as witnesses thereto.
S. M. Combs
J. L. Cooper
State of North Carolina} ss In the Superior Court
Tyrrell County
And this deponent further sayeth, that at the said time, when the said testator subscribed his name to the said Last Will as aforesaid, and at the time of the deponents, subscribing his name as an attesting witness thereto, as aforesaid, and the said F. D. Snell was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent; and further these deponents say not.
A paper writing purporting to be the Last will and Testament of F. D. Snell Decd, is exhibited before me, the undersigned Clerk of the Superior Court for said County, by Warren Snell, the executor therein mentioned and the due execution thereof by the said F. D. Snell, is proved by the oath and examination of S. M. Combs and J. L. Cooper the subscribing witnesses thereto who being duly sworn, doth depose and say, and each for himself deposeth and sayeth that he is a subscribing witness to the paper writing now shown and purporting to be the Last Will and Testament of F. D. Snell Dec'd in the presence of this deponent subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears the date of the 16th day of May 1907. and these deponents further sayeth, that the said F. D. Snell Dec'd testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited to be his Last Will and Testament, and this deponent did thereupon subscribe his name at he end of the said will as an attesting witness thereto, and at the request and in the presence of the said testator.
S. M. combs (seal)
J. L. Cooper (seal)
Severally sworn and subscribed.
This 29th day of June 1907
Before me
W. M. Brickhouse
Clerk Superior Court.
State of North Carolina} In superior Court
Tyrrell County } Before W. M. Brickhouse, Clerk
In Re Estate }
of }
F. D. Snell } Order for Probate of Will
A paper writing purporting to be the Last Will and Testament of F. D. Snell Dec'd is exhibited in open Court for probate by Warren Snell executor therein named; and the due execution there of by the said F. D. Snell Dec'd, is duly proved by the oath and examination of S. M. Combs and J. L. Cooper subscribing witnesses thereto. and it is further shown to the satisfaction of the Court by said witnesses that the said F. D. Snell was, at the time of making the said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief: It is thereupon considered, adjudged and decreed, that said proof is sufficient and according to law, and that the said paper writing is and contains the Last Will and Testament of the said F. D. Snell Dec'd and on motion it is ordered that the said will be admitted to probate and recorded in the book of Wills of Tyrrell County and as such filed as provided by law in the office of the Clerk of the Superior Court of said County. It is further adjudged that the said Warren Snell is a suitable person to act as executor and he be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust.
Dated this 29th day of June 1907
W. M. Brickhouse, C. S. C.
In The Matter of the Last Will of F. D. Snell Dec'd, It appearing to the Court by the oath and examination of S. M. Combs & J. L. Cooper the subscribing witnesses thereto, that the paper writing propounded by the Executor therein named, is the Last Will and Testament of F. D. Snell Dec'd and that the same was duly executed by the said F. D. Snell Dec'd in the presence of the said witnesses, and that at the time of signing the same, the said F. D. Snell was of sound mind. It is thereupon adjudged that the said paper writing be admitted to probate as the Last Will and testament of the said F. D Snell Dec'd, and the Executor therein named qualify as such.
This 29th day of June 1907
W. M. Brickhouse
Clerk Superior Court
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